03/03/2026
Bevan Brittan provides high quality, comprehensive advice to the NHS, independent healthcare sector and local authorities. This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, both in the NHS, independent sector and local authorities which have been published in the last month.
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Bevan Brittan Free Webinars and Other Training Events
There is no charge for any of the events listed below
Webinars
These are internal hour long lunch time training sessions. You can sign up to watch the training sessions remotely via our webinar facility by clicking on the links below.
A refresher on LPAs - and their revocation - for Local Authorities. 5th March. Join us for this webinar where Amrita Hurst will be accompanied by Matthew Wyard of 39 Essex Chambers will provide a brief refresher of what an LPA is before exploring some key considerations local authorities should be aware of when dealing with those who have LPAs, but lack capacity. Matthew will then look at possible routes to revoke LPAs and the evidence required if the Local Authority chooses to make an application to Court.
Medico-Legal Experts’ Conference – Insights and Best Practice in 2026. In-Person Conference | Wednesday 11 March 2026 | 13:30 - 17:30 | Free To Attend. Location: The Law Society Hall, 113 Chancery Lane, London, WC2A IPL. Time: 13:30 to 17:30 followed by a reception.
Understanding Prosthetics – The art of the possible versus reasonable requirements. 17 March. In this webinar, Joanne Easterbrook, Partner at Bevan Brittan, will be joined by prosthetic consultant Abdo Haidar, who will discuss:
- Developments in prosthetics
- What might be possible in the future
- What works and what patients do in practice
Online Safety: The art of the possible, the impact of the Online Safety Act, and capacity regarding internet and social media. In this upcoming webinar, Julia Jones will be joined by Ian Brownhill, 39 Essex Chambers, and Jeff Goodright, Cyber Spider. Our expert speakers will discuss:
- Mental Capacity in relation to internet and social media restrictions
- The Online Safety Act 2023 and harmful content
- Best interests decisions regarding internet and social media
- Enabling safer internet access - the technical pathways
Watch on Catch Up!
A day in the life of a midwife. In this webinar, Penelope Radcliffe was joined by Linda Napolitano, Lead Midwife for Risk, Quality & Governance at Guys & St Thomas's Hospital, who discussed the following:
- An overview of midwifery and maternity
- The rewards and the challenges of life as a midwife in a London teaching hospital
- The risks that turn into complaints, claims and inquests
- PSIRF and improving patient safety in maternity
Best interests in the dental chair: Dental treatment, vulnerable patients and the Court of Protection. In this webinar, Julia Jones was joined by Jake Rylatt of Serjeants' Inn Chambers. Jake's presentation covered:
- From assessment to Court: a practical guide to managing vulnerable dental patients
- When is legal intervention required?
- When is dental care serious medical treatment?
- Treatment and planning
- Managing a conveyance
Mental Health Act 2025 - An update on the new legislation and practical implications. Hannah Taylor and Simon Lindsay provided:
* An update on the Mental Health Act 2025 – where are we now? A
* An overview of the key reforms
* Timescales for implementation and further guidance anticipated
* Practical considerations and how to prepare for changes
Tales of the Unexpected: The realities of medico-legal expert work. Daniel Morris, Partner, led a panel discussion between us and medico-legal expert, Dr Janet Rennie, Dr Gregor Campbell-Hewson, Mr Richard Mannion, and Dr Kevin Barraclough. Our panel will be looking at the do’s and don’ts of expert work and what advice would they give to their younger selves or anyone considering entering the field now.
Please note that registration for each webinar will close one hour before the webinar starts, so please do ensure you have booked your place in advance to guarantee attendance.
Acute and Emergency Care
Publications/guidance
Accident and emergency (A&E) waiting times - Updated explainer from the Kings Fund
How we can help
For more information on issues around acute and emergency care, please contact Claire Bentley.
Children and young people
Publications/Guidance
Infants and unborn babies. NSPCC Learning has published a CASPAR briefing summarising the Child Safeguarding Practice Review Panel’s national review into the broader safeguarding issues raised by the death of baby Victoria Marten. The national review sets out learning for safeguarding partners in England. The learning highlights the need for: earlier and stronger pre-birth safeguarding; better trauma-informed practice when working with families; clearer arrangements and multi-agency planning when families move frequently; and better engagement with and support for parents before and after care proceedings.
Transforming access to children and young people’s mental health support. Evidence and insight on the importance of early intervention for children and young people with mental health issues.
Consultations
Children and Young People's Mental Health: Inquiry. The Education Committee and Health and Social Care Committee seek views to inform their inquiry into the mental health of children and young people. It will examine mental health support and services provided in education and community settings available to children and young people up to the age of 25. It aims to understand how this provision is integrated with specialist Child and Adolescent Mental Health Services, acute and statutory NHS services. It also aims to explore the relationship between children and young people's mental health and wellbeing, the support that is available to them and how well they can succeed in education. Comments by 23.59 on 27 March 2026.
SEND Reform: Putting Children and Young People First - Government Consultation. A Department for Education consultation seeks views on proposed changes to improve outcomes for children and young people with special educational needs and disabilities (SEND). It states it will: strengthen the law to ensure evidence-based support for children and young people is provided early in mainstream settings; integrate support across health, care, and family services, ensuring children's needs are identified and addressed as soon as they emerge; and increase upfront investment so support is readily available for classes and communities of children. Comments by 23.59 on 18 May 2026.
News
Funding boost for young people’s mental health services Early Support Hubs across England to receive a £7 million funding boost to bolster services for young people
More children to be protected from deadly viruses. New changes to the GP contract will help protect thousands more children across the country from deadly and highly infectious diseases.
Bevan Brittan Updates
The Schools’ White Paper. Opportunities and challenges for local authorities in ensuring ‘every child achieves and thrives’
How we can help
If you wish to discuss any queries you may have around children please contact Deborah Jeremiah or Callum Scott .
Clinical Risk / Patient Safety
Publications/Guidance
Costs of clinical negligence: Sixty-fourth Report of Session 2024-26. A Public Accounts Committee report details its inquiry's findings into the costs of clinical negligence, stressing that the Government's liability quadrupled over 20 years due to the Department of Health and Social Care (DHSC) and NHS failing to effectively address the underlying causes of patient harm. The report also highlights the issue of disproportionate legal costs in clinical negligence claims. It recommends that DHSC: set a national framework for improving patient safety, including clear targets for annual improvement; establish alternative dispute mechanisms to expedite decisions and reduce costs for less complex cases; and develop, within six months, robust estimates on the impact of assuming clinical negligence victims' health and social care will be provided exclusively by the private sector.
The global state of patient safety 2025. This report shows that Norway ranks number one out of 38 OECD countries, while the UK is in 21st place. Since the 2023 report, few countries have moved significantly in the rankings, suggesting that meaningful change in patient safety takes time. The value of the data lies, say the authors, not in ranking for its own sake, but in revealing where further inquiry and action on patient safety is required. It considers four countries (Australia, Ireland, the Netherlands and Norway) whose patient safety approaches highlight valuable learning for other countries. The report argues for a more comprehensive set of global patient safety indicators and improved adoption of best practice in patient safety. It also suggests that patients, and their families and carers, should be active partners in safe care.
Pelvic mesh and sodium valproate. House of Commons Research Briefing. Pelvic mesh and sodium valproate are medical products that have harmed patients. The government are considering recommendations to provide redress to patients who have been harmed.
Independent investigation into maternity and neonatal services in England: interim report. This report sets out the background and changing context in which maternity and neonatal care is provided. It examines six factors that could be contributing to the pressures on the maternity and neonatal system. These are: capacity pressures; culture and leadership; racism and discrimination; poor responses and lack of accountability when things go wrong; the quality of estates; and workforce. The report concludes with next steps.
Cases
CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5. There was no principle that "lost years" damages could not be awarded to a young child who had a reduced life expectancy as a result of clinical negligence, compensating them for financial loss caused by their inability to work during the additional years of life which they would have enjoyed but for the negligence. The court overruled the decision in Croke v Wiseman [1982] 1 W.L.R. 71, [1981] 10 WLUK 164, [1982] C.L.Y. 787 that lost years damages could not be awarded to a young child: there was no distinction between claims by young children and claims by older children or adults.
Bevan Brittan Updates
Lost years claims: no longer a lost head of loss for catastrophic paediatric injury claims. The impact of CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5
Bevan Brittan Events
Medico-Legal Experts’ Conference – Insights and Best Practice in 2026. In-Person Conference | Wednesday 11 March 2026 | 13:30 - 17:30 | Free To Attend. Location: The Law Society Hall, 113 Chancery Lane, London, WC2A IPL. Time: 13:30 to 17:30 followed by a reception.
Understanding Prosthetics – The art of the possible versus reasonable requirements. In this webinar, Joanne Easterbrook, Partner at Bevan Brittan, will be joined by prosthetic consultant Abdo Haidar, who will discuss:
- Developments in prosthetics
- What might be possible in the future
- What works and what patients do in practice
How we can help
We are working with clients on formulating policies and making it easier to balance treatment with finite resources. We are helping with social care policies and day to day activities such as contact and isolation, human rights issues and life/death decisions. We are working on notifications of harm and death, RIDDOR, CQC compliance, judicial review, infection control law and grappling with the new regulations and guidance. For more information click here.
If you wish to discuss any clinical risk or patient safety issues please contact Joanne Easterbrook or Daniel Morris.
Digital Health
News
Faster, fairer access to HealthTech under new national programme. The National HealthTech Access Programme (NHAP) has been launched to provide faster, fairer access to innovative health technologies across England and Wales. This collaborative initiative between the National Institute for Health and Care Excellence (NICE), the Department of Health and Social Care, NHS England, the Medicines and Healthcare products Regulatory Agency and the Office for Life Sciences expands NICE's Technology Appraisals to include medical devices, diagnostics, and digital tools to ensure high-impact technologies are reimbursed and available nationwide. The first two technologies selected are capsule sponge tests for detecting oesophageal cancer, and AI tools for identifying prostate and breast cancer.
How we can help
If you wish to discuss any queries you may have around Digital Health please contact Daniel Morris.
Employment/HR
Publications/guidance
Career pathways between occupations in the English NHS. This report uses data from the Electronic Staff Record, the monthly payroll of the NHS, to set out which staff transition between which occupations, and how this has changed over time. It places a particular focus on transitions from clinical support occupations – such as healthcare assistants and nursing auxiliaries – to registered clinical occupations, such as nurses, midwives and physiotherapists. The report finds that movement between occupations is becoming increasingly common for NHS support staff, but much more so in wealthier parts of the country.
Equality, diversity and inclusion: targets, progress and priorities. This report warns that deep-rooted inequalities in medicine continue to impact careers and opportunities for ethnic minority and non-UK qualified doctors working in the NHS. The GMC makes several calls to action for system leaders, employers and educators to act on the challenges raised, including prioritising equality, diversity and inclusion (ED&I) activity and mandating the GMC’s free Welcome to UK practice workshops as part of an induction programme for doctors new to the UK. It also recommends monitoring and measuring the overall impact of ED&I activity and interventions and developing and delivering anti-racism resources.
Spotlight on nursing and midwifery 2025: workforce. This survey of nurses, midwives and nursing associates reveals that over half of respondents (58%) are satisfied in their work – motivated by making a difference to people’s lives. However, the insights gathered also show that only 12% of respondents would recommend the nursing and midwifery professions as a career. It shows examples of harassment, bullying and abuse faced by those working in health and care: 70% of respondents reported experiencing such behaviours in the past year – most commonly from the public but also from managers or other colleagues.
NHS Pay Review Body Thirty-Ninth Report 2026. An NHS Pay Review Body report sets out an analysis of evidence and makes recommendations for pay awards for Agenda for Change (AfC) staff working in the NHS in England and Wales and Health and Social Care (HSC) in Northern Ireland for 2026/27. It recommends a consolidated 3.3% increase with effect from 1 April 2026 for all AfC pay points.
New Bill to prioritise UK medical graduates for NHS training. Secretary of State sets out the need to prioritise homegrown talent for foundation and specialty training posts to support a sustainable NHS workforce.
GP contract 2026/27: what you need to know. This briefing contains a summary and analysis of the 2026/27 GP contract for doctors in England.
NHS Pay Review Body: thirty-ninth report 2026. This report sets out the NHS Pay Review Body’s analysis of evidence provided by relevant organisations and makes recommendations and observations on the pay for Agenda for Change staff working in the NHS in England and Wales and Health and Social Care in Northern Ireland for 2026 to 2027.
How we can help
We can offer support and advice on managing many workforce issues including flexing your workforce to respond to the pandemic, managing bank staff, redeployment, vulnerable groups, sick pay, leave options, supporting staff well-being, presenteeism, remote and home working, through FAQs, helpline or policy guidance and practical day to day advice.
If you wish to discuss any employment issues generally please contact Jodie Sinclair, Alastair Currie, Oonagh Sharma, James Gutteridge, Andrew Uttley, Joanna Burrows and Lee Carroll.
Independent Healthcare
Publications/guidance
At scale independent healthcare providers: how can they help shift care to the community? With NHS community health services facing years of under-investment and entrenched waiting times, this report from the independent healthcare sector calls for providers to be brought in urgently to help patients access timely care.
How we can help
For more information on issues around independent health, please contact Tim Hodgetts or Julie Charlton.
Integrated Care
Publications/Guidance
Public health nursing commissioning guidance. The healthy child programme is the Department of Health and Social Care’s major public health programme for children, and the national delivery model for public health visiting and school nursing services from preconception to adulthood (ages 0 to 19, or up to the age of 25 for care leavers and those with special educational needs and disabilities) in England. This commissioning guidance supports effective implementation among local providers of the programme’s services. It includes information on the responsibilities of commissioners and providers, requirements for registration with the Care Quality Commission, service design, service sustainability, commissioning for specific populations, data collection, and reporting and assessment against outcomes.
Commissioning: lessons from the last 30 years. Since its introduction in 1990, the commissioning layer of the NHS has been the most reorganised part of the health service – and it is changing once again. This report published by the Nuffield Trust reviews the lessons to learn from the past and describes what needs to happen for ICB-led strategic commissioning to succeed where previous models have fallen short.
Healthy child programme: commissioning public health nursing services. How commissioners should establish, monitor and assure the quality of public health nursing services delivered under the healthy child programme in England.
How we can help
If you wish to discuss any queries you may have around integrated care, please contact Anna Davies.
Mental Health
We are very excited to share our new resource on the *new* Mental Health Act 2025 - a must-have for anyone involved with the commissioning and provision of mental health care. We hope this will help you navigate the changes with confidence. Please do register for our MHA Community to keep up to date with the changes and reforms. We will be focussing on the practical impact and what it means for you. Any thoughts, queries or comments on the reforms? Is there something that we can help you with? We would love to chat - do get in touch!
Publications/Guidance
Menopause and mental health: implications for clinical practice, services and policy. This RCPsych position statement examines how menopause affects mental health and its implications for clinical practice, services, and policy across the UK. Drawing on lived experience, clinical evidence and an intersectional approach, it highlights that menopause can significantly impact mental health and wellbeing, and is associated with anxiety, depression, cognitive changes and, sometimes, triggering or worsening serious mental illness. The statement reveals that a lack of understanding means many women are neither seeking, nor receiving, vital help because they’re not aware of the relationship between menopause and mental health.
Monitoring the Mental Health Act in 2024/25. A Care Quality Commission annual report on the use of the Mental Health Act 1983 presents the findings from its regulatory activity during 2024-25. It reports on what it found through engaging with people who are subject to the Act and a review of services registered to assess, treat and care for people detained under the Act. Its key points include that: demand for mental health care has continued to rise; there are challenges in the recruitment and retention of staff; and that pressures in the system and a shortage of beds are leading to people being held for long periods in inappropriate environments.
Future Minds: a roadmap to transform children and young people’s mental health by 2035. This roadmap sets out actions to expand community-based early intervention, reform specialist and crisis services, and harness digital innovation to close treatment gaps and improve outcomes. It argues that prioritising community support, widening access to effective interventions, and using digital tools can ensure children and young people get help earlier, before crises escalate.
The global state of patient safety 2025. This report shows that Norway ranks number one out of 38 OECD countries, while the UK is in 21st place. Since the 2023 report, few countries have moved significantly in the rankings, suggesting that meaningful change in patient safety takes time. The value of the data lies, say the authors, not in ranking for its own sake, but in revealing where further inquiry and action on patient safety is required. It considers four countries (Australia, Ireland, the Netherlands and Norway) whose patient safety approaches highlight valuable learning for other countries. The report argues for a more comprehensive set of global patient safety indicators and improved adoption of best practice in patient safety. It also suggests that patients, and their families and carers, should be active partners in safe care.
Eating disorder services for children and young people: national guidance. This guidance is for integrated care boards and providers of eating disorder services. It sets out how to design collaborative, integrated services that support all children, young people, and their families and/or carers.
Eating disorders. This briefing outlines the different types of eating disorders and current government policy to tackle eating disorders.
Beyond the headlines: how mental health services are driving transformation under pressure. This long read highlights the transformation in NHS trusts which is already shaping the future of mental health services: moving care closer to home, embracing digital tools, and strengthening prevention. Examples demonstrate how, with the right national support and sustainable investment, the sector can continue to deliver safer, more effective and more compassionate care – despite the immense pressures it faces.
Consultations
Children and Young People's Mental Health: Inquiry. The Education Committee and Health and Social Care Committee seek views to inform their inquiry into the mental health of children and young people. It will examine mental health support and services provided in education and community settings available to children and young people up to the age of 25. It aims to understand how this provision is integrated with specialist Child and Adolescent Mental Health Services, acute and statutory NHS services. It also aims to explore the relationship between children and young people's mental health and wellbeing, the support that is available to them and how well they can succeed in education. Comments by 23.59 on 27 March 2026.
Bevan Brittan Updates
A refresher on LPAs - and their revocation - for Local Authorities. 5th March. Join us for this webinar where Amrita Hurst will be accompanied by Matthew Wyard of 39 Essex Chambers will provide a brief refresher of what an LPA is before exploring some key considerations local authorities should be aware of when dealing with those who have LPAs, but lack capacity. Matthew will then look at possible routes to revoke LPAs and the evidence required if the Local Authority chooses to make an application to Court.
Online Safety: The art of the possible, the impact of the Online Safety Act, and capacity regarding internet and social media. 26 March In this upcoming webinar, Julia Jones will be joined by Ian Brownhill, 39 Essex Chambers, and Jeff Goodright, Cyber Spider. Our expert speakers will discuss:
- Mental Capacity in relation to internet and social media restrictions
- The Online Safety Act 2023 and harmful content
- Best interests decisions regarding internet and social media
- Enabling safer internet access - the technical pathways
How we can help
We are experts in advising commissioners, providers and care co-ordinators on the relevant legal frameworks. We deal with complex issues such as deprivation of liberty, state involvement, use of CCTV monitoring, seclusion, physical restraint and covert medication. We can help providers with queries about admission and detention, consent to treatment, forensic service users, transfers, leave, discharge planning and hearings. We can advise commissioners on all matters concerning commissioning responsibility, liability and disputes. For more information click here
If you wish to discuss any mental health issues facing your organisation please contact Hannah Taylor or Simon Lindsay
Primary Care
Publications/Guidance
GP online consultations and appointments. A short guide to GP online consultation tools for making appointments.
Will specialist advice and guidance reduce the waiting list for planned care as the government hopes? Increasing the amount of advice and guidance – where hospital specialists provide advice to GPs so that they can manage the patient without a referral to hospital – is part of ambitions to bring down NHS waiting lists. This long read looks at whether the target to increase advice and guidance is likely to be met, and what it might mean for hopes that it will reduce waiting lists.
GP contract 2026/27: what you need to know. This briefing contains a summary and analysis of the 2026/27 GP contract for doctors in England.
How we can help
If you wish to discuss any issues in primary care then please contact Joanne Easterbrook.
Prison Health
Publications/Guidance
The costs of tackling drug harms in prisons. This report focuses on how the prison and health services are using public funds to tackle drug harms in prisons. It examines:
- how well the Ministry of Justice (MoJ), HMPPS, Department of Health & Social Care (DHSC), NHSE and wider government understand the scale and nature of drug harms in prisons
- the funding available for HMPPS and NHSE to tackle drug harms in prisons, and how resources are prioritised
how effectively resources have been used and how well the prison and health services work together
How we can help
If you wish to discuss any issues in prison health then please contact Joanne Easterbrook.
Social Care
Publications/Guidance
Social care charging for local authorities: 2026 to 2027. Information for local authorities on charging for care and support.
How we can help
For ways in which we can help with Social Care issues click here.
If you wish to discuss any queries you may have around social care please contact Claire Bentley.
SIGN UP FOR PUBLICATIONS
If you would like to sign up for any of our Bevan Brittan publications including this Health and Care Update click here.
